Delhi Air Pollution: Plea in Delhi High Court says 'Delhi Tree Authority' has met only 10 times in 28 years

NEW DELHI: Amidst rising levels of air pollution in the national capital year after year, the Delhi Tree Authority has met only 10 times since its formation in 1995, a public interest litigation in the Delhi High Court has said.

Arguing that the statutory body formed under the Delhi Preservation of Trees Act, 1994 is virtually defunct, the plea by one Adv. Rahul Bhardwaj says the authority has failed to perform its primary duties of planting new trees and maintaining the existing ones, thus contributing to increasing air pollution levels.

Citing provisions of the existing law, the advocate who was appearing in person informed Court that the parent Act of the Authority actually mandates it to meet at least once in every 3 months, making it mandatory to have met at least 112 times during this period.

The relevant section of the Act reads as under:

4. Meeting of the Tree Authority.-(1) The Tree Authority shall meet at least once in three months at such place and time as the Chairman may decide.

To be formed by the Government of National Capital Territory of Delhi, the Act provides that the Authority shall consist of 

3(2) The Tree Authority shall consist of the following members, namely :-

1. Secretary of Forests or any other officer not below the rank of Secretary to the Government nominated by the Government. - Chairman 
2. Deputy Commissioner, Delhi. - Member 
3. Two Members of the Legislative Assembly Dominated by the Government. - Members 
4. Two Representatives of the local bodies nominated by the Government. - Members 
5. Deputy Conservator of Forests Secretary - Member

The petition also claimed that although the public exchequer spends a substantial sum on nearly 50,00,000 (fifty lakh) plant saplings planted every year on an average in the national capital territory, due to the non-maintenance of the saplings by the Delhi Tree Authority, they never grow into trees.

Stating that the capital is faced with a health emergency and countless lives of the future generation are at stake, the plea urges for a direction by the Court to the Delhi Tree Authority to adopt sustainable development of trees instead of temporary measures.

It is important to note that the duties of the Delhi Tree Authority, as provided in law are the following:

7. Duties of Tree Authority.- Notwithstanding anything contained in any other law for the time being in force, the Tree Authority shall, subject to any general or special order of the Government, be responsible for

(a) the preservation of all trees within its jurisdiction;

(b) carrying out census of the existing trees and obtaining, whenever considered necessary, declarations from all owners or occupants about the number of trees in their lands; 

(c) development and maintenance of nurseries, supply of seeds, saplings and trees to persons, who are required to plant new trees or to replace trees which have been felled; 

(d) getting planting and transplanting of trees necessitated by construction of buildings, new roads or widening of existing roads or replacement of trees which have failed to come up along roads or for safeguarding danger of life and property; 

(e) organization of demonstrations and extension services for the purposes of this Act and assisting private and public institution is connected with planting and preservation of trees; 

(f) undertaking such schemes or measures as may be directed from time-to-time by the Government for achieving the objects of this Act; 

(g) undertaking critical study of the proposals of various government departments and private bodies for construction of buildings, roads, factories, irrigation works, laying out of electric, telephone, telegraph and other transmission lines with regard to protection of existing trees and planting of more trees, wherever possible.

The petition alleges that rather than saving trees, which it is required by law to ensure, the Delhi Tree Authority is infact being used to facilitate the felling of trees.

The petitioner had also approached the Delhi High Court in 2022, seeking formation and implementation of the One Person, One Tree policy, however the same was dismissed by the bench of then Chief Justice DN Patel and Justice Jyoti Singh, with liberty to the petitioner to approach the relevant authorities.

Bhardwaj has stated in the present petition that in pursuance of the order he approached the Union Minister for Environment and Forests, the Chief Minister of Delhi (Arvind Kejriwal), and the Environment Minister of Delhi (Gopal Rai), as well as other officials. However, no action was taken on his representations he said.

The Court has listed the matter for further hearing on November 29.

The case was being heard by a bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna.